How to Check a Turkish Title Deed Before Buying Property

Buying property in Turkey requires more than checking the appearance of a house or apartment and agreeing on a purchase price. Before completing a real estate transaction, foreign buyers should verify the property’s official registration, the seller’s ownership rights and any legal restrictions that may affect the purchase.

The Turkish title deed, commonly known as the Tapu, is a central part of this process. However, reviewing a copy of the title deed alone may not reveal every issue that could affect the transaction.

A proper legal review should examine the current Land Registry records and, where necessary, other official records relating to the property.

This guide explains how to check a Turkish title deed, which records and restrictions to investigate, and why independent legal due diligence is important before buying property in Turkey.

1. What Is a Turkish Title Deed (Tapu)?

A Tapu is an official Land Registry document relating to registered rights over real estate in Turkey.

Depending on the property and the registration, the document may contain information about the registered owner, the property’s location and registration details, the nature of the ownership and other relevant entries.

Foreign buyers should understand that a title deed document is not, by itself, a complete legal assessment of the property.

The current registry records, the legal status of the building and any relevant planning or construction documents may also need to be examined.

2. Check the Registered Owner

The first step is to verify that the person selling the property is legally entitled to do so.

The buyer should confirm:

• The identity of the registered owner.
• Whether the seller owns the entire property or only a share.
• Whether there are multiple registered owners.
• Whether the seller has the necessary authority to complete the transaction.
• Whether a representative is acting under a Power of Attorney.

If the property is jointly owned, the transaction may require additional checks concerning the rights and consent of the relevant owners.

Where a company owns the property, the authority of the person signing on behalf of the company should also be verified.

Do not rely solely on a title deed copy supplied by the seller. The relevant current Land Registry records should be checked through the appropriate official procedures.

3. Check the Property’s Registration Details

The property should be identified accurately before the purchase proceeds.

The review should include the relevant province, district, neighbourhood, cadastral information and other registration details necessary to identify the property.

For an apartment or other independent unit in a building, it is particularly important to confirm that the registered unit corresponds to the property being offered for sale.

Buyers should also understand the distinction between different types of registration, including condominium ownership (kat mülkiyeti) and condominium easement (kat irtifakı).

These registration types are not interchangeable, and their significance should be assessed in the context of the building, its construction status and the intended purchase.

4. Check for Mortgages, Liens and Other Encumbrances

One of the most important parts of title deed due diligence is checking whether the property is subject to registered rights or restrictions.

Depending on the circumstances, the relevant records may disclose:

• Mortgages (ipotek).
• Attachments or seizure-related entries (haciz).
• Easements and other rights in rem.
• Restrictions on disposal.
• Annotations (şerh).
• Declarations or other relevant registry entries (beyan).

The legal effect of each entry must be examined individually.

For example, a mortgage may affect the buyer’s ability to obtain the property free of the existing security interest. A restriction on disposal may affect whether or how the transfer can proceed.

The existence of an entry does not necessarily mean that the transaction is impossible. However, the buyer should understand its implications and determine what must be done before completion.

Where an encumbrance is to be removed as part of the transaction, the release arrangements should be coordinated with the payment and title deed transfer process.

5. Does the Title Deed Prove That the Building Is Legally Compliant?

Not necessarily.

A registered title deed is an important part of the ownership review, but it should not be treated as conclusive proof that every aspect of the building complies with planning and construction legislation.

Depending on the property, additional checks may be required concerning:

• The applicable zoning and planning status.
• Building permits.
• Approved architectural projects.
• The occupancy permit (Yapı Kullanma İzin Belgesi), where applicable.
• Extensions or alterations to the building.
• Differences between the approved project and the actual structure.

This is particularly important when buying a villa, a property with extensions, a newly constructed apartment or a property that has undergone renovation.

Where the physical condition of the property differs from the approved project, the buyer should understand the potential legal and financial consequences before proceeding.

6. What Is the Difference Between Kat Mülkiyeti and Kat İrtifakı?

Foreign buyers may encounter these two terms when reviewing an apartment’s title deed.

Kat mülkiyeti generally refers to condominium ownership of an independent unit in a completed building, established in accordance with the applicable legal requirements.

Kat irtifakı is a condominium easement associated with a property or independent unit to be constructed or completed under the relevant project and legal framework.

The distinction matters because the registration type may raise questions about the building’s completion, approved project and occupancy status.

However, the registration type alone does not establish whether a property is safe to purchase or whether the building complies with every applicable requirement.

The buyer should review the relevant registration, construction documents and occupancy status together.

7. Check the Zoning and Planning Status

A property may appear suitable for residential or commercial use while its legal planning status raises questions that are not apparent from a physical inspection.

Where relevant, buyers should investigate the applicable planning decisions and permitted use through the appropriate municipal or other competent authorities.

This is particularly important when purchasing:

• Undeveloped land.
• Agricultural land.
• A villa with extensions.
• Commercial premises.
• A property intended for redevelopment.
• A building in a protected or specially regulated area.

The buyer should not assume that land can be developed or that an existing building can be used for any desired purpose simply because a title deed exists.

8. How Can Foreign Buyers Verify a Title Deed?

Foreign buyers may face practical difficulties when the relevant records and procedures are in Turkish.

The Turkish Land Registry and Cadastre Directorate (Tapu ve Kadastro Genel Müdürlüğü) provides official information and services relating to Land Registry procedures. Certain transactions and applications can be initiated through the official Web Tapu system, subject to the applicable requirements.

The appropriate procedure for obtaining or reviewing records depends on the buyer’s legal status, the property and the information requested.

A buyer should ensure that the review relates to the correct property and sufficiently current records.

Official information can be found through the Turkish Land Registry and Cadastre Directorate.

9. Can a Foreign Buyer Check the Title Deed Without Travelling to Turkey?

In many cases, preliminary legal checks and parts of the transaction can be coordinated remotely.

A foreign buyer may appoint a Turkish lawyer through an appropriately prepared Power of Attorney to assist with obtaining relevant information, reviewing documents and coordinating the transaction.

However, the scope of the Power of Attorney and the requirements of the relevant authorities must be considered carefully.

A buyer should not assume that every registry document or transaction can be completed remotely without additional formalities.

10. What Should You Do If You Discover a Problem?

If the title deed review reveals a mortgage, attachment, restriction, ownership discrepancy or another potential problem, the transaction should be assessed before the buyer commits to completion.

Depending on the circumstances, the appropriate steps may include:

• Obtaining further registry documents.
• Clarifying the nature and legal effect of the entry.
• Requesting additional documentation from the seller.
• Agreeing on legally effective arrangements to remove an encumbrance.
• Reviewing the purchase agreement.
• Coordinating payment with the completion requirements.
• Obtaining advice concerning any planning, construction or ownership issues.

The appropriate response depends on the nature of the problem. Some issues can be resolved before completion, while others may make the transaction unsuitable or require more extensive legal analysis.

11. Why Should You Obtain Legal Advice Before Buying Property in Turkey?

A title deed review should form part of a broader legal due diligence process.

An independent Turkish property lawyer can examine the relevant registration records, identify potential legal risks and assess whether further investigations are needed.

This can be particularly important for foreign buyers purchasing property remotely, buying from a developer or dealing with a property that has undergone construction or ownership changes.

Legal due diligence should ideally take place before signing binding transaction documents or making substantial payments.

How E&G International Law Firm Can Help

E&G International Law Firm assists foreign individuals and investors with Turkish real estate transactions and property-related legal matters.

Our services include:

• Turkish title deed and ownership checks.
• Review of mortgages, attachments and other encumbrances.
• Property legal due diligence.
• Review of purchase agreements.
• Investigation of relevant planning and construction documentation.
• Assistance with title deed transfers.
• Power of Attorney arrangements for buyers living abroad.
• Advice concerning property disputes and developer-related issues.

Based in Izmir, E&G International Law Firm assists international clients with property matters in Izmir and throughout Turkey.

If you are considering purchasing an apartment, villa, house or other real estate in Turkey, we can help you review the relevant records and identify potential legal issues before you proceed.

Contact E&G International Law Firm to discuss a Turkish title deed review or property due diligence with an English-speaking Turkish lawyer.